Returning back to UK permanently using spouse visa

[rgt0205]

I am from India and have been in the UK with my wife and kids for the past 4.5 years and very soon we will be getting our ILR (citizenship for my kids).

I very much wish to permanently settle in the UK. Due to various personal reasons I need to go to the US for a few years however, my office will not be able to process US work visa from the UK as they prefer to do it from India.

If I obtain UK citizenship and apply for US visa from India, it will be considered as applying from a different country and might get rejected. Hence, I was planning to do the following
1. After ILR, do the needful to obtain UK citizenship for my wife alone
2. Go back to India and complete my travel to US
3. After this, apply to permanently come back to the UK through family migration (VAF4A)

Is this possible? Please note that my wife is a depedant and she is NOT employed so when I come back to apply although she would be a british citizen she will not have work and we will have to jointly show that we have enough funds to support ourselves during our stay in the UK.

[geriatrix]

1. When do you intend to travel to US for a few years? Flexible or a deadline? If the latter, what is it?
2. Can you quantify "few years"?

[rgt0205]

Hi sushdmehta, thanks for coming back to me.

1. When do you intend to travel to US for a few years? Flexible or a deadline? If the latter, what is it? - Travel is flexible
2. Can you quantify "few years"? - I will be there for 4 - 5 years.

[geriatrix]

my office will not be able to process US work visa from the UK as they prefer to do it from India.

Can you quantify "few years"? - I will be there for 4 - 5 years.

leaves you with only one option then - applying for leave as spouse of a settled person / British citizen (your wife) as and when you wish to return to UK for good.

Given that such application will be made 4-5 years in the future and that your wife will then be the sponsor, you should make yourself aware of the (possible) proposed changes to family route:-
1. Consultation
2. MAC report
The government has indicated that (some / all) changes to family route will be introduced from April 2012, so more details may become available before you become eligible for settlement and hopefully you'll be better informed to make a decision that suits you best.

Acquiring British citizenship and then applying for US visa - from UK or India - is what you should aim for, IMHO!

[rgt0205]

Thanks a lot for all the explanation. I am clear now on what I need to do.